Decide whether the protest is valid (rule
63.5).
Once the validity of the protest has been determined, do not
let the subject be introduced again unless truly new evidence
is available.
P
3.2 Take the evidence (rule 63.6).
- Ask the protestor and then the protestee
to tell their stories. Then allow
them to question one another.
- Invite questions from protest committee
members.
- Make sure you know what facts each
party is alleging before calling any witnesses. Their stories
may be different.
- Allow anyone, to give evidence.
It is the party who must decide which witnesses to call. The
question 'Would you like to hear N?' is best answered by 'It
is your choice.'
- Call the protestor's and then the
protestee's witnesses (and committee's if any) one by one.
Limit parties to questioning witness (they may wander into
general statements).
- Invite the protestee to question
the protestor's witness first (and vice versa). This prevents
the protestor from leading his witness from the beginning.
- Allow a member of the protest committee
who saw the incident to give evidence (rule 63.6) but only
in the presence of the parties. The member may be questioned
and may remain in the room (rule 63.3(a)).
- Try to prevent leading questions
or hearsay evidence, but if that is impossible discount the
evidence so obtained.
- Only accept written evidence when
both parties agree.
- Ask one member of the committee
to note down evidence, particularly times, distances, speeds,
etc.
- Invite first the protestor and then
the protestee to make a final statement of her case, particularly
on any application or interpretation of the rules.
P 3.3 Find the
facts (rule 63.6)
- Write down the facts; resolve doubts
one way or the other.
- Call back parties for more questions
if necessary.
- When appropriate, draw a diagram
of the incident using the facts you have found.
P 3.4 Decide
the protest (rule 64)
Base the decision on the facts found (if you cannot find some
more facts). In redress cases, make sure that no further evidence
is needed from boards that will be affected by the decision.
P 3.5 Inform
the parties (rule 65)
Recall the parties and read them the facts found and decision.
When time presses it is permissible to read the decision and
give the details later. Give any party a copy of the decision
on request. File the protest form with the committee records.